According to Article 10 of Judicial Interpretation III of Marriage Law, one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows money from the bank, and repays the loan with the joint property of husband and wife after marriage. If the property is registered in the name of the down payment payer, the property will be handled by mutual agreement at the time of divorce.

During the existence of the relationship between husband and wife, the property jointly owned by husband and wife mainly includes legal types and agreed types. After the death of one spouse or divorce after marriage, the common property must be identified to protect the legitimate property rights and interests of citizens.

According to the second part of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws, the joint property of husband and wife also includes:

(1) Property before and after marriage cannot be ascertained, or it is personal property before marriage, but it has been used, managed and operated by both parties for many years, which can be regarded as joint property of husband and wife;

(2) During the marriage relationship, demobilized soldiers who live together for a long time at the time of divorce can be divided according to the joint property of husband and wife;

(three) the income of the husband and wife engaged in diversified operations and contracted fields during the relationship, and the funds invested by the aquaculture and aquaculture professionals who had no income in that year;

(4) Gold, silver, jewelry and other properties donated by one or both parents after marriage registration.

Baidu encyclopedia-common property